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M. S. SONAK, VALMIKI SA MENEZES
Reliance Jio Infratel Pvt. Ltd. – Appellant
Versus
State of Goa – Respondent
ORDER :
Heard Mr. Sardessai, learned Senior Advocate for the Applicant;
Mr. D. Pangam, learned Advocate General for the first and second Respondents; Mr. Faldessai, learned Deputy Solicitor General for the fourth Respondent; and Mr. Nigel Da Costa Frias, learned Counsel for the Respondent nos. 5 to 24.
2. This application seeks vacation/variation of Orders dated 17.12.2021 and 16.02.2022, by which this Court had granted interim relief restraining the Applicant [original Respondent no.3 in Writ Petition no.2250 of 2021 (F)] from operating the telecom tower installed in the property surveyed under no. 125/5 of Colva, Salcete, Goa, pending hearing and final disposal of the Petition.
3. From the perusal of our Orders dated 18.11.2021, 16.12.2021, 17.12.2021 and 16.02.2022, it is apparent that the interim Orders were made because this Court found that the Applicant had prima facie failed to comply with the conditions in clauses 8 and 9 of the NOC dated 01.06.2021 issued by the State of Goa. Compliance with these conditions was crucial to operating the tower.
4. Clauses 8 and 9 of the NOC dated 01.06.2021 read as follows :
A) Copy
Compliance with NOC conditions is essential for the lawful operation of telecom installations, and interim restraints can be lifted upon establishing such compliance.
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